ED Can Provide Grounds of Arrest to Accused Within 24 Hours: SC

Context: The Supreme Court (SC) has clarified that the Enforcement Directorate (ED)  need not furnish a person accused under the Prevention of Money Laundering Act (PMLA)  a copy of the FIR with the grounds of detention, during the time of the arrest.

ED’s Duty: SC Ruling on Grounds of Arrest Under PMLA

• Legal Question: A Situation where ED  does not  furnish a copy of FIR to the arrestee at the time of arrest renders the arrest illegal under Section 19 of the PMLA, 2002?

• SC Clarification: SC said that if a  person arrested  is informed or made aware orally about the grounds of arrest at the time of his arrest, it complies with both  Section 19 of the PMLA and Article 22(1) of the constitution.
• Reasonable Period: A written communication of the grounds of arrest needs to be provided only within a “reasonable period” i.e. within 24 hours of the arrest.
• Legal Precedent: The Supreme Court in Pankaj Bansal v. Union of India  held that the Directorate of Enforcement (ED) must furnish the reasons for arrest to the accused in writing.

To read more about: Money laundering and PMLA

To read more about: Enforcement Directorate

News Source: The Hindu